Texas is beginning a fight in the legislature between the
Texas Hospital Assn. and the Texas Specialty hospitals. The Hospital Assn.
continues to push the mantra of the poor rural community hospitals are having
the good patients removed. The Specialty hospitals state there is minor
money going to the physicians but the specialty hospitals provide better quality
of care more efficiently, in general community hospitals have not been hurt
financially and there is no evidence that physician referrals to specialty
hospitals is a problem.

The Arizona chapter of the American College of Emergency
Physicians has written it's national organization asking that they support the
continued moratorium on specialty hospitals. The reason is the lack of any
of the federal inquiry that was supposed to
happen.

Medicare has published some changes to the Conditions of
Participation that all hospitals the take Medicare patients must abide
with. These are the issues that are supposed to be inspected for by a
deeming agency. The changes are the first step. The include
increasing the types of practitioners who may do history and physicals, all
orders, verbal or written, would need to be dated, timed and authenticated by
the practitioner taking care of the patient. This is a five year rule that
allows any practitioner either the prescribing one or the one responsible to
sign the order in the meantime. After the five year hiatus, only the
prescribing practitioner could authenticate their own orders. The orders
would need to be authenticated within 48 hours. All drugs and biologicals
must be kept secure. Post Anesthesia evals may be done by anyone who performs
anesthesia and not just the person who gave the anesthesia. Top

Physicians

The Nevada Assembly has introduced a bill that would require
criminal background checks on all physicians now practicing and those who
apply. The fees would be paid by the physicians by their dues. If
they have prior felonies, they will be investigated and possibly have their
licenses revoked. This is the sledgehammer that the legislators have
chosen to deal with one physician who was arrested on child molestation
charges. The old law only allows license revocation if the felony is
related to the practice of
medicine. Top

Abortion

The progressive state of South Dakota has passed legislation
to hinder abortion. The four laws passed and signed are that physicians be
required to tell pregnant women in person or in writing within two hours of the
procedure that the action ends the life of a human being and terminates the constitutional
relationship between the woman and the fetus. The women must be told that
some may die during the procedure and some may get depression. The bills
would also ban most abortions in the state if Roe v Wade is ever overturned by
the US Supreme Court. The last is the notification of parents of minors seeking
abortions within 24 hours. The minor may opt out via a court
order. Top

Malpractice

Missouri has passed med mal reform. The new law caps
noneconomic damages at $350,000 which decreases the current $579,000 cap x the
number of defendants with one episode of care. The Governor has
signed the legislation.

The Montana Governor has also signed med mal tort reform
legislation. These were developed by the Montana Medical Association and
one hospital. One of the new laws will not allow any "I'm sorry"
statements to be used in court. There would be no liability except for
your own. There will be more scrutiny of who an expert witness is in a med
mal case. One bill that passed is an affront to physicians. Independent
contractors can not sue hospitals. We know who pushed that one through. There
are still five other bills in the legislature to be decided.

The South Carolina legislature has passed med mal tort
reform. The new law caps non economic damages at $350,000 but per
defendant. The legislature also passed bills regarding tort laws in
general with new standards for experts, who pays what percentage of damages
where the suits may be filed and shortening of the statute of limitations.

Illinois is in turmoil after the Republicans began their
rejection of any Senate business until the med mal issue was finished. The
Democratic Senate head retaliated by closing the Senate. Actually, this
may be best as no legislation can be
passed. Top

DISCLAIMER: Although this article is updated
periodically, it reflects the author's point of view at the time of publication.
Nothing in this article constitutes legal advice. Readers should consult with
their own legal counsel before acting on any of the information presented.